1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

피고인은 2014. 12. 26. 장소를 알 수 없는 곳에서 전화로 위 피해자에게 “ 일산에 아는 동생의 카드를 빌려 침대를 샀는데, 당장에 빌린 카드 값을 갚을 수가 없으니 돈을 빌려 주면 2~3 개월 안에 나눠 갚겠다.

“Around January 2015, the victim received KRW 1,180,000 from the said victim to the corporate bank account in the name of C, a parent of the Defendant, and subsequently, by telephone around January 2015, the victim would make an arbitration against D’s debt of KRW 17,00,000, and thus, the principal and interest will be delivered to B in lieu of D.

“Around February 17, 2015, KRW 1750,000 as the principal and interest of the said damage was deposited in the E-company bank account in the name of the Defendant’s child, as the principal and interest.

However, at the time, the Defendant did not have any intent and ability to repay money due to the absence of certain income or assets from the injured party. Even if the Defendant received money from the injured party in terms of debt and interest, only a part of the money was delivered, and the remainder was used for personal purposes, such as living expenses, etc., and remitted money to D out of KRW 1,330,000,000,000, which was received from the actual injured party on February 17, 2015 as the interest and principal repayment for D’s debt, and used the remaining 4,20,000 won for personal purposes.

The Defendant, as above, was accused of the victim and received 1.6 million won from the victim to the above account used by the Defendant, as well as was remitted from the above date and time to May 4, 2016 to KRW 15,980,000 in total over 23 times, such as the contents in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Details of deposit transactions, specifications of D bank transactions, and specifications of remittance of banks;

1. Application of Acts and subordinate statutes 1 and 2 of the detailed statement of transaction by account C, the detailed statement of transaction by account E, and the detailed statement of transaction by account A;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense and Article 347(1) of the choice of punishment (a inclusive: